In a devastating defeat for Public Protector Busisiwe Mkhwebane, the Constitutional Court on Monday upheld a punitive and personal costs order against her, saying she had been dishonest and that her conduct “fell short of the high standards required of her office”.
On Sunday, President Cyril Ramaphosa also announced that he would be turning urgently to the courts after Mkhwebane found against him in her Bosasa report. In its judgment on Monday, the highest court began by setting out an important principle: when it came to costs orders, a higher court did not easily interfere with how a lower court has awarded costs. “There must be a material misdirection on the part of the lower court in order for an appeal court to interfere,” said Khampepe and Theron.
“The release of the final report caused severe harm to the South African economy. This included a significant depreciation of the Rand and a sell-off by non-resident investors of R1.3 billion worth of South African government bonds,” said the Constitutional Court. Her explanation of the SSA meeting made “no sense” said the Constitutional Court. Her explanations of the meetings with the presidency were “contradictory” and only “compounded the case against her,” said the justices.
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